Everyone has the right not to be subjected to torture or to cruel, degrading, or disproportionately severe treatment or punishment.
The right not to be subjected to torture or cruel treatment is about protecting people from extreme harm or abuse, especially by those in power.
This provision says no one can be tortured or treated in a way that is cruel, degrading, or severely inhumane.This means the government and its agencies must not harm people in ways that cause serious pain or suffering, whether physical or mental. It places an obligation on the state to avoid committing such acts but also to protect people from them.
This right makes it absolutely clear: the State must never torture or subject anyone to cruel or degrading treatment. It protects individuals when they are most vulnerable, reminding those in power of their duty not to inflict extreme suffering or humiliation—physical or mental. It doesn’t just guard against outright torture; it forbids any treatment so harsh that it strips someone of dignity or causes serious harm.
Think of people in police custody, prison, detention centres, or other settings where the State holds control over them. In those environments, authorities must tread with care and restraint. Use of excessive violence in an arrest, prolonged solitary confinement, or coercive interrogation—these can all violate Section 9. And it doesn’t matter whether there’s a state of emergency or a public safety threat: this right is absolute.